The Protection of Pupil Rights Amendment

Purpose

The Protection of Pupil Rights Amendment (PPRA) (20 U.S.C. § 1232h; 34 CFR Part 98) applies to programs that receive funding from the U.S. Department of Education (ED). PPRA is intended to protect the rights of parents and students in two ways:

• It seeks to ensure that schools and contractors make instructional materials available for inspection by parents if those materials will be used in connection with an ED-funded survey, analysis, or evaluation in which their children participate; and

• It seeks to ensure that schools and contractors obtain written parental consent before minor students are required to participate in any ED-funded survey, analysis, or evaluation that reveals information concerning:

  1. Political affiliations;
  2. Mental and psychological problems potentially embarrassing to the student and his/her family;
  3. Sex behavior and attitudes;
  4. Illegal, anti-social, self-incriminating and demeaning behavior;
  5. Critical appraisals of other individuals with whom respondents have close family relationships;
  6. Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers; or
  7. Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program).

Overview

The Protection of Pupil Rights Amendment (PPRA) was amended in 2002 to strengthen the rights of parents as follows:

• Requires written parental consent prior to administering ED-funded surveys that include questions in the following eight categories:
• Political affiliations or beliefs of the students or their parents;
• Mental and psychological problems of the student or their family;
• Sex behavior or attitudes;
• Illegal, anti-social, self-incriminating, or demeaning behavior;
• Critical appraisals of other individuals with whom respondents have close family relationships;
• Legally recognized privileged or analogous relationships, such as those of lawyers, physicians, and ministers;
• Religious practices, affiliations, or beliefs of the student or their parents;
• Income (other than that required by law to determine eligibility for participation in a program or for receiving financial assistance under such program)
• It now requires (for the first time) rights regarding surveys not funded by the U.S. Dept. of Ed.  School are required to develop and adopt policies (in conjunction with parents) regarding:
  • The right of parents to inspect, upon request, a survey created by a 3rd party before the survey is administered
  • Arrangements to protect student privacy in the event of the administration of a survey to students (including the right to inspect the survey if it contains of the previous 8 categories)
  • The right of parent to inspect, upon request, any instructional material used as part of the educational curriculum for students.
  • The administration of physical examinations or screenings that the school may administer to students.
  • The collection, disclosure, or use of personal information collected from students for the purpose of marketing or selling, or otherwise providing the information to others for that purpose.
  • The right of parents to inspect, upon request, any instrument used in the collection of information

Requirements

Local Education Agencies must directly notify parents of these policies and provide the notice annually at the beginning of the school year as well as reasonable notice if these policies are changed.  They must also notify the parents of the specific or approximate dates of the activities.

The notification shall offer parents the opportunity to opt out of participation from:

• Activities involving the collection, disclosure, or use of personal information collected from students for the purpose of marketing or for selling that information, or otherwise providing that information to others for that purpose.
• The administration of any third party (non-Dept. of Education funded) survey containing one or more of the above 8 items.
• Any non-emergency, invasive physical examination or screening that is: 1) required as a condition of attendance; 2) administered by the school and scheduled by the school in advance; and not necessary to protect the immediate health and safety of the student, or other students.